Registrar Is Asked If Gregory Meets Residency Rules

Questions have been raised about whether James Gregory, who is seeking the Democratic nomination for the 135th District state House seat, meets residency requirements to run for the office.

Northampton County Chief Registrar Richard Benner yesterday confirmed that he has received several inquiries about the matter.

Gregory, 33, of 1771 Chester Road, Apt. 4, Bethlehem, said he believes he meets the requirements and will continue to seek the 300 signatures he needs to get his name on the primary ballot.

He is seeking the seat held by Democratic state Rep. William Rybak. The district includes one ward in the Lehigh County portion of Bethlehem, all of Bethlehem in Northampton County and Hanover Township, Northampton County. Rybak is seeking re-election to the office.

Candidates for the state House must live in the district "one year next before their election," according to Article II, Section 5, of the state constitution. Benner said he has been asked whether Gregory will have resided in the district for a year before the election.

Gregory, formerly a Hellertown councilman, said he has a lease for his Chester Road apartment from Dec. 1, 1985, through Nov. 30, 1986. He said his parents also will provide a signed affidavit, if necessary, stating that he lived with them after Nov. 1 at 1138 Westbury Drive, Bethlehem, which is within the district.

Gregory was fired Nov. 1 from his job as a Lower Saucon Township police officer and said he was "partially moved in" with them because he needed their financial support. He said moving in with his parents was part of the process of moving to Bethlehem permanently. He has appealed the firing in Northampton County Court.

Gregory said he wanted to finish out the second year of his term as councilman in Hellertown, so he also maintained an apartment there through the end of the year.

Gregory said he was told by an official of the state Election Board that "election" relates to the general election, not the primary. The general election will be held Nov. 4, 1986.By that definition, Gregory would be a legal candidate if he lived in the district before Nov. 4, 1985.

There also exists a question as to whether "election" means the date election results are certified; Dec. 1, when the successful candidate takes office, or Jan. 1, when he is officially sworn in.

"Whether it's the general (election), certification or swearing in, I'm covered," he said.

Gregory said maintaining two residences during part of this time is all right, according to what he has read. He cited a court case, Miller vs. Dauphin County, in which the court decided that a permanent home is established before actual occupancy if some personal belongings were moved to the location and if frequent and regular visits were made there.

Gregory said he did both while at his parents' home and at the Chester Road address.

"I'm running," he said. "My name's going to be on the ballot, and I'm not expecting any problems."

He said he also believes there is case law that requires one year of residency but not immediately before the election. He said he has lived in Bethlehem 27 years.

Gregory also said he believes he will be placed on the ballot even if the matter is further contested. In one case, it was determined that a candidate cannot be kept off the ballot pending a decision of whether a candidate meets the constitutional requirements for the office.

Gregory said he is in the process of obtaining the 300 signatures needed on his nominating petition. He said he expects to get them.

He also said that he was candid about the residency situation with Benner. He said he asked Benner about the residency requirement late last year or early this year. Gregory said Benner told him therequired time was 30 days but that he would have to check to be sure.

Gregory said he later told Benner that he found the one-year requirement before Benner got back to him with the information.

Benner said he agreed with the account.

Gregory said he continued the campaign because he believes he still meets the one-year requirement. "I'm satisfied. I'm moving full steam ahead."